Journal of college of Law for Legal and Political Sciences

The parliamentary interrogation can either be an interrogation in presence, i.e. in the presence of its two parties represented by the interrogator and the questioned and this is the general rule, or an interrogation in absentia and this is an exception to the original, as this type of interrogation is represented by one party, which is the presenter of the interrogation, as the interrogation is discussed by the presenter. Despite the absence of the person to whom the interrogation was directed at the session set for his interrogation, and without hearing his statements, defending his policy or refuting the evidence presented against him, many differed on the idea of the absentee interrogation and the extent to which it was acknowledged

First of all, we say that the impact of the development and progress of societies and the legal sovereignty of the state over all the various aspects of individuals’ activity is to prevent them from seeking their rights themselves and the emergence of the concept of lawsuit as a means granted by the legislator to people in order to protect their rights or resolve their disputes by resorting to the authority competent to realize the right. It is the judicial authority. If we move to the field of public service, it becomes clear to us that there is a vast gap between the lives of individuals and the activity of the administration, because the administration is a public authority that enjoys many privileges and seeks to secure the functioning of public facilities to satisfy the needs of individuals and protect public order through means of administrative control and thus achieve the public interest. Compared to the goal of individuals, which is to achieve the private (personal) interest, proof in administrative disputes plays a fundamental and important role compared to other lawsuits. It is one of the most important legal issues in view of the special nature of this lawsuit, as we find that administrative disputes take place between individuals and the administration, and the administration as defendant and owner. A public authority possesses all the evidence and privileges, and is in a stronger position than individuals, which leads to the emergence of the problem of imbalance between the parties to the lawsuit, which prompted jurisprudence to give the judge more space and a positive role to intervene and mitigate the severity of the lack of parity, which differs from the role of the judge in ordinary lawsuits

We also know that the nature of the relationship that binds the employee to the state is not an eternal relationship, because the state always seeks to collect the greatest amount of interest and benefit for society, to reach the highest degrees of sophistication And stability, and the employee’s relationship with the state may end in the event that one of the reasons for the termination of the job is achieved, and these reasons may be either legal or administrative. Among the legal reasons for the employee’s service termination is loss of nationality or puberty The legal age of service termination or death, and the employee's relationship with the state may be terminated for administrative reasons such as resignation or referral to retirement One of the legal reasons for the termination of the employee’s relationship with the public office is because nationality is one of the conditions that must be met to obtain the public office. All legislations agree that the person should be Belongs to the country in which you intend to employ, whether it is an indigenous or naturalized citizen. A period has passed since acquiring the nationality, and this period varies according to the countries. There are some countries that require the passage of a period of five years since Acquisition of nationality, such as Iraq and Egypt, and this study ended with an important result, which is that the nationality condition is a prerequisite for practicing and continuing public office, even if it is lost or the absence of the condition of reciprocity It leads to the end of the service of the public employee and by the force of the law, and this is what we will show through our study

This research deals with an important topic in the fundamentals of Islamic jurisprudence, namely, “one prohibition, not a specific one.” This term indicates that there is a prohibited act in Islamic law that is not specified by the legal text in a specific way, but rather is vague between two things or things that are forbidden to do all without some. The dispute that occurred between scholars on the issue between the most fundamentalists in their opinionthat it is permissible to prohibit something that is not specific, meaning the “ambiguous forbidden” and the Mu’tazila and those who agreed with them in their saying of prohibition, determinanting the subject of the dispute and clarifying the issue in the easiest way possible, through accurate examples in the branches, with the evidence of both parties presented and discussed and clarified The most correct of the two opinions, indicating the outcome and the impact of the dispute on the branches.

The study dealt with the topic (Constants of Criminal Law and Developments in Artificial Intelligence (Barriers to Criminal Liability as a Model)), through which we traced the concept of artificial intelligence in an attempt to analyze it and project it onto the rules preventing criminal liability. After research, it became clear to us that artificial intelligence is one of the newer concepts in the science of law and has not been addressed by legislation. Explaining what it is, as we have seen, it is necessary, after considering the legal status of those entities, to make serious legislative efforts in amending the rules regarding the barriers to criminal liability and amending the foundations on which artificial intelligence entities can enjoy the barriers to criminal liability if they commit acts that constitute a crime.

Iraq and the Kurdistan Region have moved from a unified judicial system to a dual judicial system with the introduction of the administrative judiciary and the formation of administrative courts that have become competent to consider some administrative disputes, which has led to the emergence of the issue of conflict between them and the ordinary judicial courts regarding the judicial body competent to consider the case, especially when the conflict occurs. Negative and the abstention of both courts from examining it, which necessitated the creation or establishment of a judicial body that determines the competent court. In Iraq and the Kurdistan Region, this jurisdiction was given to the authority to appoint the authority. The composition of this body and giving the presidency to the president of the Court of Cassation shows the lack of balance between the administrative and ordinary judiciaries. It is also noted that the field of administrative judiciary jurisdiction in Iraq and the Kurdistan Region is not integrated. Consideration of administrative contract disputes and physical administration work is still outside its jurisdiction, as the ordinary judiciary specializes in it as it has general jurisdiction. Keywords: conflict of jurisdiction, administrative judiciary, ordinary judiciary, body appointing the authority, the State Council, the Shura Council.

International conventions regulate all human rights, and the share of women at work is one of the most important. The Iraqi Labor Law No. 37 of 2015 is also considered one of the most important laws that regulate the relationship between the worker and employers, as it is the authority in this field, and defines their rights and obligations in Iraq, and extends legal protection to these rights. The segment, starting with the worker as a human being with rights and obligations, and then the legislator dealt with the rights of the working family: because it is the basic building block for building societies, and issuing regulations and instructions to protect every individual in it. He regulated the right of working women because they constitute half of society by granting them many rights and benefits appropriate to them.

The party is a term that denotes the common bonds that bind a group of people among politics is a word meaning guidance and guidance, so the political party becomes a description of the group whose goal is to reach power.The parties know several definitions due to their organizational status, which is in the sense that the party organizes its supporters and its masses in the elections, and tries to introduce voters to their candidates, and push these voters through organization to support the party’s candidates. The politician is a school to lead and spread awareness among the masses and to train its members to lead the masses Political parties play a major role in parliamentary systems, whether the system of government is republican or parliamentary. In the parliamentary system, political parties supply candidates from among their ranks for the purpose of filling seats in the House of Representatives. In the event that a party member wins, he becomes not only his party, but also represents all parts of the country. It is a link between the masses and the government, and it is formed from the large parliamentary bloc, which is the majority. The executive authority (or the head of government) is made up of one party or several parties that are in harmony with each other, which takes upon itself the management of public policy in the state, performs its duty towards its people to the fullest extent, in accordance with what is stipulated in the constitution and the laws in force, and is monitored by the legislative authority, and any failure by it is responsible before the legislative authority individually or collectively, and it is also monitored by the opposition, which replaces any failure that occurs before The government, as a model, is what exists in Britain, where the Labor Party and the Conservative Party exchange roles between the government and the opposition. As for the role of parties in the political system in the republican system in the United States of America, especially the executive power represented by the presidency of the republic, it has become playing an important and pivotal role from the primaries until the candidate of one of the Republican or Democratic parties assumes the presidency of the United States of America, and if one of the two parties controls the executive and legislative power at the same time, there is real and serious support from parliament for the executive power, but when each of the parties controls one of the authorities, there is a separation between the authority and in a flexible way, as the opposition approaches the parliamentary system

The constitutional judiciary in the legal state is extremely important because it is supposed to enjoy independence and impartiality away from the whims and opinions of politicians, and to play its role in protecting the principle of legality and the rights and freedoms of individuals, especially political ones, including freedom of the press, taking into account the balance between political rights and freedoms and the necessary interests of the state. As for the rulings of the constitutional judiciary of the countries under comparison, through which it was responsible for protecting freedom of the press, we found that the Iraqi Federal Supreme Court, being a specialized constitutional judiciary, has a prominent role in protecting freedom of the press through the decisions it issued, as it linked freedom of the press and freedom of expression since the press is a means of The means of expressing opinion, and not only relied on the constitutional foundations to protect the press, but also relied on global declarations and international conventions that guided them to form the framework that protects the practice of journalism.

What is meant by the endowment pillar is: the expressions emanating from the endower through his affirmation to indicate the endowment, as the endowment is concluded with the affirmation emanating from him, and this is what the Sharia jurists agreed upon collectively. Some of them believe that the endowment has other pillars other than its formula, such as the endowment, the endowment for it, and the endowment money. It seems that this difference results from their difference in the concept of the corner in general, and in any case, the jurists agree that the obligation of the endower is one of the pillars of the endowment, The endowment is not established without it, and for this offer it is necessary to issue a form of affirmation that indicates the will of the endower for the endowment, whether verbally, in writing, or by an understandable sign. The endowment is without an offer, but its need for acceptance differs in whether the endowment is for a public or private entity. As for the extent of the possibility of the endower withdrawing from his offer, it was a matter of disagreement between the jurists, some of whom permitted the return, while some of them stipulated that the return be before acceptance or receipt

The Iraqi legislator in the Code of Criminal Procedure No. (23) for the year 1971 did not give the investigating judge the authority to discuss the evidence openly and clearly in the form he gave to the trial court, and his role was limited to collecting that evidence only without discussing it, and this is what Article (130/b) of fundamentalism stipulates: If the act is punishable and the judge finds that the evidence is sufficient to prosecute the accused, he issues a decision to refer him to the competent court. Therefore, the text of the above article requires diligence and interpretation by the investigating judge so that it can be applied fairly and equitably in a way that guarantees the accused that he is innocent until proven guilty and that the doubt is interpreted in his favor, meaning that if the evidence of the accusation is weak, then the investigating judge must issue a decision to release the accused and this is the application Sound, fair and humane law that is consistent with justice and the purposes of the legislator from enacting the text of the above article. And that the investigation judges' restriction in collecting evidence only without discussing it leads to referring the accused to the trial court despite the insufficient evidence for fear of cassation decisions from the Criminal Court as a result of the appeal. Therefore, we tried to address this problem in this research within two sections. The first is the authority of the investigating judge to discuss the evidence resulting from the witnesses and the questioning of the accused.

The forms of appeal by litigation in the constitutional lawsuit are based on contrasting the legal texts and regulations alleged to be in violation of the constitution , The rules imposed by the constitution on the legislative and executive authorities, to compel them to abide by them in the exercise of their competence in line with the rules of the constitution , Hence, these defective laws and regulations (regulations) are subject to contention, and they only stop by nullifying those laws and regulations to the extent that they contradict the constitution , Through a series of formal procedures and substantive actions, the law requires that they be initiated so that the dispute reaches its end , We have found that the Iraqi legislature is ahead of the rest of the comparative countries by granting people the right to appeal directly before the court, especially after the role of the constitutional dispute has been magnified , Especially after the role of the state increased and its laws and regulations increased with it .

The importance of municipalities is demonstrated through the role they play in providing basic services, as they are an institution that has its own moral character, enjoys financial and administrative independence, and has outstanding financial resources in most legislations. In Iraq, the Iraqi municipalities have witnessed a clear absence of their role, after the issuance of several successive laws that had a relationship A document specifying the administrative methods used towards the municipalities, and in the light of these multiple legislations, the nature of the relationship of the municipalities in Iraq varied between central and local governments, sometimes characterized by centralization, and linked municipalities to the central government, and sometimes it eased the control of administrative centralization and moved towards administrative decentralization and attached it to local government In the midst of the instability of legislation towards the municipalities, this reflected negatively and positively on their work and administrative independence, and their relationship with the local and federal government, which began since the legislation of the Municipal Administration Law No. 165 of 1964, leading to the legislation of the law of governorates organized in the amended Region No. 21 of 2008.

When talking about permission, we must know its components and what is its adaptation? As for its elements, they are the ends of the permission and the authorized person, and a place to which he responds, which is called the authorized person.

There is no doubt that the final stage of the stages of forced execution is the creditor’s recovery of his rights. Collection does not raise procedural problems except where there are multiple creditors with the right to collection, and the proceeds of execution are not sufficient to fulfill all of their rights. Then the legislator usually organizes rules for distributing this proceeds among these creditors, which are called rules. distribution.The distribution of the execution proceeds takes place in two ways: the consensual distribution, which is made by agreement between the creditors and those who are considered a party to the execution. This agreement is the basis for distributing the execution proceeds, and in implementation of the principle of confrontation in consensual distribution, the Egyptian legislator obliges the execution officer to notify the concerned parties to inform them at a useful time. That the sale has been completed and the proceeds of implementation will be distributed to them after they agree on a specific method of distribution, and they must be required to submit a request to pay their debts, provided that the documents that support the debt of each one of them are attached to the request. As for the judicial distribution, which takes place in the case where the creditors are numerous and the proceeds are not sufficient. In order to fulfill their rights, the enforcement judge prepares a temporary distribution list within a certain period of presenting the execution file to him, and in implementation of the principle of confrontation, the clerk of its own accord notifies the concerned parties of the deposit of this list. The goal of notification is to implement the principle of confrontation by informing the concerned parties of the deposit of the temporary list. So that they can review it and discuss it in preparation for reaching an amicable settlement between them. If all those present agree on the list, it turns into a final list and the execution judge issues disbursement orders to those entitled to it

In the early twentieth century, features of special courts called (small value claims courts) emerged in many countries around the world, including the United States of America. These courts are distinguished by their easy rules and procedures, and they specialize in hearing civil lawsuits under a specific and small amount of money, which is exclusively financial compensation cases. The most prominent feature of these courts is their speed in resolving cases and assisting people with limited income, especially consumers. Those who may refrain from filing a lawsuit for fear of the high costs required by filing a lawsuit in regular courts, including fees and lawyers’ fees. As for these courts, the opponent does not need a lawyer, and most of the procedures are carried out by the court, provided that the plaintiff provides all the private evidence related to his case to be presented. He presents his case in detail to the judge. The case is often settled before the court on the same day of the pleading, that is, in one session. For all of this, the establishment of these courts in our country according to a special law represents a major positive step in overcoming the problems of the accumulation of civil cases and the delay in the courts in deciding and issuing a ruling on them

One of the requirements to preserve society from decline and loss is to preserve the family, as it is the nucleus of society, and this can only be through preserving the marital institution, whose hierarchy is the husband, who bears the responsibility to provide a free and dignified life for his wife and children, and the topic of our research is summarized in some of the husbands They may be imprisoned for many things. He may be imprisoned for committing a harmful act of beating, killing, stealing, damaging the property of others, failing to fulfill his financial obligations, or using fraudulent means.The husband may be imprisoned because of issues related to the marital bond, so he is imprisoned at the request of the wife and for many reasons, including material and moral harm.

Traditional international law jurists have approved the permissibility of using force to protect the lives and property of a state’s citizens residing abroad when the regional state fails to provide adequate protection against acts of violence. States have used legal concepts such as self-preservation, self-defense, or self-help to justify protecting citizens by force. . Regardless of the basis on which the doctrine of “protecting the state’s citizens abroad” was based, the basic idea behind its approval in traditional international law is to consider the state’s citizens residing abroad as an extension of the state itself and that the basis of the state’s existence is to protect its citizens and take care of their interests. Countries used military force extensively before the adoption of the United Nations Charter in order to protect the lives and property of the country's citizens residing abroad. In the period from 1813 to 1913, the United States of America used its military power seven times to protect American citizens abroad, especially those residing in Central and Latin American countries. After World War II, this doctrine was used as a legal justification for the military assistance that states provide to their citizens outside their borders in some cases. These military interventions raised wide disagreements between jurists on the one hand and between states on the other hand about the legality of such type of interventions. This is due to the lack of The United Nations Charter explicitly and clearly authorizes such use, and this matter has led to the emergence of differing opinions regarding it. States and jurists who support the use of such force rely on some legal grounds, including the right to legitimate defense according to Article 51 of the Charter, including rescue operations or forced evacuation that do not violate the prohibition contained therein. In the text of Article 2/4 of the Charter, or that the pre-Charter customary rule that allowed this type of interference either remains or was reborn in a period after the entry into force of the Charter, but these grounds have been subjected to severe criticism because they are considered a pretext for interference in the internal affairs of states. And a violation of its sovereignty and independence. This matter, in turn, led some countries that often conduct these military operations to adopt guidelines called “non-combat evacuations” for their military forces, for limited military interventions to rescue their nationals in the event that they are exposed to danger.

Voting on decisions by states under international law is one of the topics whose importance continues, because it is linked to the balance between the right of states to take care of their interests, and the right of international organizations to achieve their goals, in addition to the necessity of taking care of the interests of the international community as a whole. Therefore, this study came according to an analytical approach. And comparatively, to research the concept of voting on international resolutions and explain its provisions, in order to study the reality of the international community under the organization that the United Nations brought in since 1945, as it showed that voting is the right of the member state of the international organization to express its participatory will with the member states in managing its affairs and achieve its goals. Therefore, serious work must be done to amend the foundations of the voting system or to redraw and modify the structure of international community institutions, such as the United Nations, so that the international decisions it issues are consistent with the foundations of international justice and legitimacy.

Today, the world is witnessing an urgent need to change the current development model. Pollution problems have worsened in the world, especially water and air pollution, and pollution resulting from various industries and human activities. Administrative control plays a vital role in protecting the environment. It ensures the implementation of laws and regulations that protect the environment, follows up on the implementation of environmental policies, and monitors and punishes violators and adherents to environmental controls. In addition, administrative control works with the general powers granted to it by legislation to preserve the environment. From pollution and deterring violators. This research came to show the means of administrative control in protecting the environment from types of pollution, in two sections. The first section we devoted to studying the concept of environmental administrative control and the methods used in combating pollution. The second section will be under the title of environmental protection authorities and the most important preventive measures to reduce from pollution.

Islamic law has established an integrated and comprehensive system for inheritance, and God Almighty has taken charge of it without leaving it to the will of man, so the verses on inheritance and the hadiths of the Messenger, may God bless him and grant him peace, came and regulated its provisions in all aspects, Inheritance is “a compulsory succession of the heir to the property of his inheritor or to a right subject to succession.” but it often happens in our societal reality that one or more heirs are deprived of their inheritance, which It is his right established by God Almighty, and one of the forms of this deprivation is the division of the inheritor’s wealth during his life, in which some children may be deprived of the inheritance and some are given but not the others. The other form is the deprivation of inheritance to the disobedient son, in which this son disobeys his father, which leads to The father is deprived of inheritance, and the other form is depriving the daughter of inheritance, in which the son is preferred over the daughter and is given to the son rather than the daughter

The concept of margin of state discretion in the framework of international human rights law refers to the space of freedom available to states parties to human rights conventions to apply and implement the protected rights. The concept related to the distribution of powers and terms of reference between the states parties to the human rights conventions and the contractual oversight bodies with regard to respecting and implementing the obligations arising from the human rights conventions. The principle is that implementing and ensuring respect for protected rights and freedoms had left to the public authorities of the state parties. If they fail, are incapable, or lax in ensuring their respect, this task becomes the responsibility of the convention oversight bodies. There is a joint responsibility on the shoulders of the national authorities and oversight bodies to ensure respect for the provisions of human rights conventions. However, obstacles often arise in front of some party states that prevent full harmonization between their measures and what the Convention seeks to achieve. Among the most prominent of these obstacles that stand in front of the universality of human rights is the preservation of countries' cultural and religious specificity. On the other hand, states were forced in exceptional circumstances, to stop temporarily, exercising some rights in the event of a threat to the state’s entity and existence. Hence, the need for state parties to use their discretion to reconcile them arise.The Office of the High Commissioner for Human Rights believes that traditions are a complex concept. We cannot say about any society, regardless of its geographical location or level of economic affiliation, it represented by a single and comprehensive set of common values that dominate all social issues. Traditions and values change with the passage of time. The view and interpretation of it by the various actors in society differs, and just as there are traditions that are in line with human rights, there are traditions that contradict them. In this regard, and by tracking the situation of human rights in Iraq according to the indicators of international observers and international non-governmental organizations, we find that some of the provisions contained in the Penal Code and the Personal Status Law emanating from observance of religious values and societal traditions are inconsistent with the principles of universal human rights. That is what prompted the Federal Supreme Court to state its position on this issue in order to clarify the foundations on which these legal texts were built in terms of their observance of the constants of the provisions of Islamic law and social traditions

Terrorism has been akd is still one of the most serious problems facing the international community, due to the increase in terrorist events and intellectual extremism in Arab and Western societies in Iraqafter 2014 and the entry of the Islamic State organization and the evil of its influence mainly in it, and therefore the phenomenon of terrorism has spread widely, especially intellectual terrorism .Because intellectual terrorism is one of the most important types of terrorism with great and threatens security and public order in society,which silences mouths and suppresses all intellectual and non- intellectual freedoms, as intellectual terrorism crates in the mind of the individual a kind of in activity and intellectual death, wich leads to the suppression of individual and collective intellectual creativity in iraq, the Iraq legislator has dealt with the basis of confronting intellectual terrorism in law an the judiciary, whether it is in the amended penal code, or in the Anyi- Terrorism Law N0.13 of 2005, or the publications Law No, 206of 1968, or in the old constitution, or the 2005 constitution, in order to reduce their risks, and this topic consists of an introduction, three sections and a conclusion.

The principle of good faith in transactions requires that the debtor “executed against” performs what he has committed to before the creditor, but in practice we find that the creditor has in front of him a procrastinating and obstinate debtor who refuses to perform the obligation he owes despite his ability to fulfill, so it was Man-made laws must provide protection to the creditor through guarantees that have a role in forcing the enforcer against him who refrains from fulfilling what he is owed. The last stages of implementing the penalty element in the legal rule and the most dangerous at the same time, it may constitute a violation of some of the rights and freedoms of the executor. Therefore, we find that these methods often take into account the human aspects of the person against whom the person is executed. They are executive means based on achieving a balance between the interests of the creditor and the executor against him

By legislating the procedural legal text, the legislator seeks to carry out the task of transferring the punitive text from a state of stasis to a state of movement, with the dimensions it possesses of organizing the course of the criminal case and its stages, to achieve certain goals and benefits that move in the direction of the proper progress of the criminal case, leading to a just and final ruling that represents the essence of the truth, and thus These benefits represent the basis that prompted the legislator to organize the legal template for the procedural text. However, these benefits were not disclosed by the legislator in detail and in a unified context for all procedural texts in the field of procedural legislation. Rather, he named the benefits differently, mentioning some of them and refraining from mentioning the benefits of other procedures. Note that those benefits that were kept silent about naming and defining them can be extracted incidentally by extrapolating beyond the text. Likewise, a single procedure may produce other benefits that the legislator did not name in addition to those that he named, as we mentioned. The details of the research plan were divided into three sections in which we collected the contents of the research. We supplemented it with a conclusion that included the conclusions and proposals presented at the research level.

The spread of health epidemics has a significant impact on public health, especially in recent times during diseases and epidemics spread in the country, such as hemorrhagic fever, Corona virus, and others. It was necessary to declare a state of health emergency, according to general and other special conditions, which are represented in the spread of infection in public hospitals on the one hand, and what This was accompanied by weakness in the Iraqi Public Health Law No. 89 of 1981 in force, and the absence of a health emergency law in the country that addresses crises and epidemics spreading in Iraq on the other hand
At the end of our research, we reached a number of results and recommendations, and one of the most important results was that the state of health emergency is an exceptional situation that ravages the country from epidemics and health crises, leading the executive authority to deviate from the principle of legality sometimes to face those exceptional circumstances, but it must observe the principle of proportionality in all of this with reference He pointed out that there is no health emergency law in Iraq that addresses these conditions. As for the recommendations, the most important of which was that the Iraqi legislator should specify the requirements for declaring a state of health emergency in the Defense of National Safety Order No. 1 of 2004, similar to the National Safety Law No. (4) Of 1965. Determine the reasons for declaring a state of emergency when the country is exposed to exceptional circumstances, so how can the Defense of National Safety Order (1) of 2004 ignore that?

The restrictions imposed on public rights and freedoms are not limited to their imposition in the constitutional document, as the constitution lays down the general principles and leaves the details to the authorities in the state, especially the legislative and executive authorities. Whoever regulates its practice by a law issued by the ordinary legislator, who in turn relies on foundations among them, has his constitutional right to legislative singularity, which enables him to be the body that specializes in the issue of regulating a specific subject, but this exclusive competence in regulating rights and freedoms may sometimes lead to deviation In his use of this right, he turns from a regulation of freedom to a restriction of freedom .
Constitutions, when imposing restrictions on rights and freedoms, may seek general controls for a set of rights and freedoms that can be restricted whereby all rights and freedoms are restricted through a general rule aimed at achieving a legitimate interest or goal, as this interest aims to achieve several things, including achieving a balance between the individual authority, and protecting the rights and reputations of others from being violated or restricted by the public authorities in the state, as respecting the rights and freedoms of others is one of the most important restrictions imposed on the exercise of the basic rights of each individual. He should know that the rights of others are no less worthy of protection than his own rights. The right to freedom of expression, for example, does not allow a person to insult or backbite another.
As constitutions aim to protect the public interest, and in order to preserve the society in which the individual exercises his rights, his elements must be preserved, the most important of which are his security, order, morals and other elements. From continuing to enjoy the rest of his freedoms, freedom is not absolute as long as it is practiced within society, where preserving the society’s order, security and morals, and the rights of its members are among the most legitimate public restrictions on rights and freedoms. Public health, public morals and public tranquility .